The legislative campaign against the FCC net neutrality order crumbled Thursday on Capitol Hill, as Senate Democrats rejected Republicans’ Congressional Review Act joint resolution of disapproval. The Senate voted 46-52 on a motion to proceed to SJ Res 6, with no Democrats voting for the joint resolution of disapproval. That means a vote won’t be held on SJ Res 6 itself. The FCC order takes effect Nov. 20. “The only thing [Republicans] can do at this point is allow the courts to handle” the issue, a House aide said.
The Court of Appeals for the Federal Circuit has ruled that the two year time limit in 19 USC 1515(a) for CBP to decide protests is not mandatory. Hitachi Home Electronics (America) Inc. had argued that all protests not allowed or denied within the two-year statutory time period should automatically be “deemed allowed by operation of law.” The CAFC said that the time limit is merely directory, and 28 USC 1581(i)1 jurisdiction for this case is not triggered if CBP fails to act in the two year period.
The legislative campaign against the FCC net neutrality order crumbled Thursday on Capitol Hill, as Senate Democrats rejected Republicans’ Congressional Review Act joint resolution of disapproval. The Senate voted 46-52 on a motion to proceed to SJ Res 6, with no Democrats voting for the joint resolution of disapproval. That means a vote won’t be held on SJ Res 6 itself. The FCC order takes effect Nov. 20. “The only thing [Republicans] can do at this point is allow the courts to handle” the issue, a House aide said.
The International Trade Commission has voted to institute a section 337 patent-based investigation of certain computing devices with associated instruction sets and software (337-TA-812). The products at issue in this investigation are microprocessor-based electronic devices, such as portable electronic devices and digital media receivers.
The International Trade Commission has voted to institute a section 337 patent-based investigation of certain electronic devices with graphics data processing systems, components thereof, and associated software (337-TA-813).
The following is an overview of U.S. Customs and Border Protection’s recent interim final rule, effective November 3, 2011, that amended its regulations for the preferential tariff treatment and other customs-related provisions of the U.S.-Peru Trade Promotion Agreement (PTPA or Peru FTA) by adding a new subpart Q to 19 CFR Part 10, etc.
Kodak’s search for buyers for its 1,100 digital imaging patents is “going well,” with many interested parties, CEO Antonio Perez said Thursday in a conference call. Perez said a sale would have “a material affect” on Kodak’s year-end cash balance if it occurs this year. Kodak Thursday slashed its forecast for year-end cash balance to $1.3 billion-to-$1.4 billion from $1.6 billion-to-$1.7 billion as it widened its projected annual loss from continuing operations to $400 million to $600 million from $200 million to $400 million. Kodak has forecast selling $200 million in non-core assets and has an agreement on a $120 million deal with an undisclosed buyer, company officials said. It also expects to meet a target for $250 million to $350 million in annual IP licensing revenue, Perez said. Meanwhile, Kodak’s consumer digital group swung to a $90 million Q3 operating loss from a $64 million profit a year earlier, which included a $210 million patent licensing agreement. Revenue plunged to $408 million from $664 million a year earlier, Kodak said. Digital camera sales slipped to $199 million from $267 million. A 25 percent decline in digital camera and devices revenue was offset by a 13 percent gain in “core digital,” including commercial and consumer inkjet printers, the company said. Sales of consumer inkjet printers rose 44 percent, the company said. Kodak’s film, photofinishing and entertainment units posted $15 million in operating income, down from $28 million a year earlier as sales fell 10 percent to $389 million. In graphics communications, sales increased one percent to $665 million as operating profit improved to $55 million from $35 million a year ago. Sales of Kodak’s Prosper commercial inkjet printers increased 40 percent in Q3, but “higher than planned start up costs” and “delays in revenue recognition” tempered surging sales, company officials said. Kodak remains “confident” of success in its International Trade Commission (ITC) complaints filed against Research In Motion and Apple, it said. The digital imaging patent at the heart of the cases of been tested more than 30 times in legal challenges and emerged victorious, Kodak officials said. The U.S. Patent Office also has upheld the patents’ validity, Perez said. The patent describes a method for previewing images in a digital camera. Kodak filed the complaint against Apple and RIM in April 2010, and a hearing before an administrative law judge is scheduled for Wednesday, Kodak officials said.
U.S. Customs and Border Protection has released a document on the eligibility criteria for the initial test of the Document Image System (DIS) in the Automated Commercial Environment (ACE). CBP states that to promote the filing of transactions and expedite the transition to ACE, CBP has determined that access to the capabilities within the DIS will be available to ACE entry summary filers and for ACE entry summaries only. This includes ACE entry summaries certified for release.
The International Trade Commission has voted to institute a section 337 patent-based investigation of certain integrated solar power systems and components thereof. The products at issue in this investigation are solar energy panels and components thereof (337-TA-811).
The International Trade Commission has voted to institute a section 337 patent-based investigation of certain navigation products, components thereof, and related software (337-TA-810). The products at issue are navigation products that display a vehicle's heading and position. The accused products are used in aircraft and helicopters, while domestic products are used in boats.